Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57077 of 2019 Applicant :- Sumit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that it is a case of false implication. The age of the victim as per report of radiologist is 18 years. The pathological report is negative. From the site plan prepared by the Investigating Officer the scene of incident is on the other side of the road from the house of the victim. It has been submitted that the victim was consenting party. She willing went with the applicant to the place and thereafter she has implicated the applicant. The applicant is in jail since 18.09.2019 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sumit, involved in Case Crime No.364 of 2019, under Sections 376 IPC and Section 3/4 of POCSO Act, Police Station Kurawali, District- Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 19.12.2019 SS